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HomeMy WebLinkAboutContract 57478 FORT WORTH CSC No.57478 CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Sandoval Custom Creations, Inc. ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A— Sandoval Custom Creations, Inc. DM-CPO-4702 Pricing Index; 3. Exhibit B — Texas Department of Information Resources DIR-CPO-4702; and 4. Exhibit C—Conflict of Interest Questionnaire. Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the pricing index in Exhibit A and the provisions of this Agreement. Total payment made annually under this Agreement by City shall not exceed One Hundred Thousand and 00/100 dollars ($100,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by Exhibit A and this Agreement unless City requests and approves in writing the additional costs for such items, services, and/or expenses. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall be effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and ending on January 28, 2023. City shall be able to renew this agreement for three (3) one-year options by written agreement of the parties. Vendor agrees that City shall, until the expiration of three(3)years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents,papers and records, including, but not limited to, all electronic records of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: OFFICIAL RECORD Cooperative Purchase CITY SECRETARY FT. WORTH, TX To CITY: To VENDOR: City of Fort Worth Sandoval Custom Creations, Inc. Attn: Valerie Washington, Assistant City ATTN: Legal Department Manager P.O. Box 155 200 Texas Street Larkspur, CO 80118 Fort Worth, TX 76102-6314 Facsimile: N/A Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address IP Indemnification. Vendor agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent,copyright,trade mark,service mark,trade secret,or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with the Agreement, it being understood that the agreement to indemnify, defend, settle or pay shall not apply if City modifies or misuses the Deliverable(s). So long as Vendor bears the cost and expense of payment for claims or actions against the City pursuant to this section, Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement,negotiations, or lawsuit as necessary to protect the City's interest,and City agrees to cooperate with Vendor in doing so.In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under the Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however,Vendor shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify the City under the Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or(b) modify the Deliverable(s)to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or(c)replace the Deliverable(s)with equally suitable,compatible,and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor,terminate the Agreement, and refund all amounts paid to Vendor by the City, subsequent to which termination City may seek any and all remedies available to City under law. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE COVERAGE REQUIRED BY CITY. Cooperative Purchase Page 2 of 15 Data Breach. Vendor further agrees that it will monitor and test its data safeguards from time to time, and to adjust its data safeguards from time to time in light of relevant circumstances or the results of any relevant testing or monitoring. If Vendor suspects or becomes aware of any unauthorized access to any financial or personal identifiable information ("Personal Data") by any unauthorized person or third party, or becomes aware of any other security breach relating to Personal Data held or stored by Vendor under the Agreement or in connection with the performance of any services performed under the Agreement or any Statement(s) of Work("Data Breach"), Vendor shall immediately notify City in writing and shall fully cooperate with City at Vendor's expense to prevent or stop such Data Breach. In the event of such Data Breach, Vendor shall fully and immediately comply with applicable laws, and shall take the appropriate steps to remedy such Data Breach. Vendor will defend, indemnify and hold City, its Affiliates, and their respective officers, directors,employees and agents, harmless from and against any and all claims, suits,causes of action,liability,loss,costs and damages,including reasonable attorney fees, arising out of or relating to any third party claim arising from breach by Vendor of its obligations contained in this Section, except to the extent resulting from the acts or omissions of City. All Personal Data to which Vendor has access under the Agreement,as between Vendor and City,will remain the property of City. City hereby consents to the use, processing and/or disclosure of Personal Data only for the purposes described herein and to the extent such use or processing is necessary for Vendor to carry out its duties and responsibilities under the Agreement, any applicable Statement(s) of Work, or as required by law. Vendor will not transfer Personal Data to third parties other than through its underlying network provider to perform its obligations under the Agreement, unless authorized in writing by City. Vendor's obligation to defend, hold harmless and indemnify City shall remain in full effect if the Data Breach is the result of the actions of a third party. All Personal Data delivered to Vendor shall be stored in the United States or other jurisdictions approved by City in writing and shall not be transferred to any other countries or jurisdictions without the prior written consent of City. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less than $100,000,this section does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor certifies that Vendor's signature provides written verification to City that Vendor: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the Agreement. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2)will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Contractor's Cooperative Purchase Page 3 of 15 signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2)will not boycott energy companies during the term of this Agreement. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Contractor's sig-nature provides written verification to the City that Contractor: (1) does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Cooperative Purchase Page 4 of 15 The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person By: Valerie Washington(Apr26,202211:35 CDT) responsible for the monitoring and administration Name: Valerie Washington of this contract, including ensuring all performance Title: Assistant City Manager and reporting requirements. Date: Apr 26,2022 APPROVAL RECOMMENDED: By: Alex Varghese(Apr 14,202211:34 CDT) Name: Alex Varghese Title: Sr. IT Solutions Manager By: APPROVED AS TO FORM AND LEGALITY: Name: Kevin Gunn Title: IT Solutions Director �d4onr ATTEST: a o�°FO---4 d, By: p1.0 ��pdp Name: Taylor Paris �vo 0=a Title: Assistant City Attorney Tahheffe S. Goodall ��'�° °�`y ° �, Jan nette S.Goodall(Apr26,202214:12 CDT) a1j ooOp000O° a By: a�pEX p5oa CONTRACT AUTHORIZATION: Name: Jannette Goodall nnnn�4a M&C: N/A Title: City Secretary VENDOR: Sandoval Custom Creations, Inc. By: 5W�"-z1 Name: Shaun Sandoval Title: CEO Date: 4-13-22 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Cooperative Purchase Page 5 of 15 Exhibit A Sandoval Custom Creations DIR-CPO-4702 Pricing Index Appendix C Pricing Index DIR-CPO-4702 Sandoval Custom Creations,Inc, DiscountBrand Category Discount%off Volume MSRIP 6-15 Units Per Order 7.00% 5CCI SCCI products 5.00% 16-25 Units Per Order 9.00% 26+Units Per Order 10.00% SCCl/Idemia Anolytics 6-16 Units Per Order 7.00% SCCI 5.00% 16.25 Units Per Order 9.00% systems 26+Units Per Order 10.00% Idemla SCCl/IdemiaAnolytics 2,00% systems Idemia Idemia MVl enterprise 2.00% Canon Canon V8-M44 8.00% 10+Units Per Order 10.00% Canon CanonVB-531 8.00% 10+Units Per Order 10.00% Canon Canon VB-530D 10.00% 10+Units Per Order 12.00% Canon Canary VB-45 15.00% 10+Units Per Order 17.00% Canon Canon VS-M50 26.00% 10+Units Per Order 28.00% AXIS Axis Communicatoins 8 0% Products I 1 10+Units Per Order 10.00% CaseCracker I interview ROOM products 5.00% 10+Units Per Order 7.00% silvus 15i1vus Technologies 3.009E 10+Units Per Order 5.00% View Commander ViewCommander VMS 3.00% products 10+Units Per Order 5.00% Reconyx Video Surveillance System 300% 10+Units Per Order 5.00% Cradle Point Crodlepoint Products 6.00% 10+Units Per Order 8.00% Sierra Wireless 5rerro Wireless Products 6.00% 10+Units Per Order 8.00% Sierra Wireless I Video Surveillance System 6.00% 10+Units Per Order 8.00% Cooperative Purchase Page 6 of 15 Exhibit B Sandoval Custom Creations, Inc. DIR-CPO-4702 htti)s:Hdir.texas.2ov/contracts/dir-ci)o-4702 Contract Number (�' Contract Term Date: 01/28123 OO DIR—C P O—4 7 0 2 Contract Expiration Date: 01/28/26 (f Vendor Information Sandoval Custom VENDOR CONTACT: ❑IR CONTACT- Creations,eations, Inc Greg LengyeL Cr TequiLa Jackson Gr Phone:7195052887 Phone:(512)463-3374 Vendor ID: 1841543696500 Vendor Website 2r HUB Type: Non HUB ♦2 RFD: DIR-CPO-TMP-443 Contract Status: Artie Contract Overview Sandoval Custom Creations, Inc. offers Law Enforcement,Surveillance and Security Monitoring,Emergency Preparedness,Disaster Recovery Technology Products and Services.Customers can purchase directly through this DIR contract.Contracts may be used by state and LocaL government,public education,other public entities in Texas,as well as approved public entities outside the state.ReseLLers are available forthis contract. Cooperative Purchase Page 7 of 15 DIR Contract No. DIR-CPO-4702 STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES Sandoval Custom Creations,Inc 1. Introduction A. Parties This Contract for products and related services is entered into between the State of Texas,acting by and through the Department of Information Resources thereinafter"DIR")with its principal place of business at 300 West 15`"Street,Suite 1300,Austin,Texas 78701,and Sandoval Custom Creations,Inc(hereinafter"Vendor"),with its principal place of business at 2094 Quartz Mountain Dr.,Larkspur,CO 90118, B.Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State of Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business Daily, Request for Offer (RFD) DIR-CPO-TMP443, on 10/28/2019, for Law Enforcement, Surveillance and Security Monitoring, Emergency Preparedness, Disaster Recovery Technology Products and Related Services.Upon execution of this Contract,a notice of award for RFO DIR-CPD-TMP-443 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence For purchase transactions under this Contract,the order of precedence shall be as follows:this Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor's Historically underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Appendix D, Customer Service Agreement Template; Exhibit 1, Vendor's Response to RFO DIR-CPO-TMP-443,including all addenda;and Exhibit 2,DIR-CPO-TMP- 443, including all addenda;are incorporated by reference and constitute the entire agreement between DIR and Vendor governing purchase transactions.In the event of a conflict between the documents listed in this paragraph related to purchases,the controlling document shall be this Contract,then Appendix A,then Appendix B,then Appendix C,then Appendix D,then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract The initial term of this Contract shall be two(2)years commencing on the last date of approval by DIR and Vendor,with one(1)optional two-year renewal and one(1)optional one-year renewal. Priorto expiration of each term,the contract will renew automatically under the same terms and conditions unless either party provides notice to the other party 60 days in advance of the renewal date stating that the party wishes to discuss modification of terms or not renew. Additionally,the parties by mutual agreement may extend the term for up to ninety(90)additional calendar days. Department of InfarmatiQn Resources Page 1 of 6 (DIR rev 06/2020) Cooperative Purchase Page 8 of 15 DIR Contract No. DIR-CPO-4702 3. Product and Service Offerings A. Products Products available under this Contract are limited to law enforcement, surveillance and security monitoring, emergency preparedness, disaster recovery technology products and related services as specified in Appendix C,Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.8 above. Vendor may not add a manufacturer's product line which was not included in the Vendor's response to the solicitation described in Section 1.B above. B. Services Services available under this Contract are limited to law enforcement, surveillance and security monitoring, emergency preparedness, disaster recovery technology products and related services as specified in Appendix C,Pricing Index.Vendor may incorporate changes to their service offering;however,any changes must be within the scope of services awarded based on the posting described in Section 1.B above. 4. Pricing Pricingto the DIR Customer shall be asset forth in Append ix A,Section 8,Pricing,Purchase Orders, Invoices and Payment, and as set forth in Appendix C, Pricing Index, and shall Include the DIR Administrative Fee. S. DIR Administrative Fee A]The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract is three-quarters of one percent(0.75%). Payment will be calculated for all sales,net of returns and credits. For example,the administrative fee for sales totaling$100,000.00 shall be$750.00. B]All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract,upon written notice to Vendor without further requirement for a formal contract amendment. Any change in the administrative fee shall be incorporated in the price to the Customer. 5. Notification All notices under this Contract shall be sent to a party at the respective address indicated below. If sent to the State: Hershel Becker or Successor in Office Department of Information Resources 300 W.15'"St.,Suite 1300 Austin,Texas 78701 Phone: (5121475-4700 Deparfinentof Information Resources Page 2 of 5 (DIR rev 0612020) Cooperative Purchase Page 9 of 15 DIR Contract No. DIR-CPO-4702 If sent to the Vendor: Shaun Sandoval Sandoval Custom Creations,Inc 2094 Quartz Mountain Dr Larkspur,CO 80118 Phone:(303)918-3878 Email:shaun@sccicovert.com 7. Software License and5ervice Agreements A. Software License Agreement 1) Customers acquiring software licenses under the Contract shall hold, use and operate such software subject to compliance with the Software License Agreement. Customer and Vendor may agree to additional terms and conditions that do not diminish a term or condition in the Software License Agreement, or in any manner lessen the rights or protections of Customer orthe responsibilities or liabilities of Vendor.Order Fulfiller shall make the Software License Agreement terms and conditions available to all Customers at all times. 2) Compliance with the Software License Agreement is the responsibility of the Customer. DIR shall not be responsible for any Customer's compliance with the Software License Agreement. B. Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract,and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede. It is the Customer's responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms as amended by this Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the 5hrink/Cl1ck-wrap License Agreement language from the software publisher. C. Service Agreement/Service Agreement Template Services provided under this Contract shall be in accordance with the Service Agreement/Service Agreement Template as set forth in Appendix D of this Contrast. No changes to the Service Agreement terms and conditions may be made unless previously agreed to by Vendor and Customer.If utilizing the Service Agreement Template,the Vendor and Customer may agree to terms and conditions that do not diminish or lessen the rights or protections of the Customer or the responsibilities or liabilities of the Vendor. D. Conflicting or Additional Terms 1. In the event that conflicting or additional terms in Vendor Software License Agreements, Shrink/Click Wrap License Agreements, Service Agreements or linked or supplemental documents amend or diminish the rights of DIR Customers or the State,such conflicting or additional terms shall not take precedence over the terms of this Contract. Depadmentof lnformotiQn Resources Page 3 of 6 (DIR rev 0612020) Cooperative Purchase Page 10 of 15 DIR Contract No. DIR-CPO-4702 2. In the event of a conflict,any linked documents may not take precedence over the printed or referenced documents comprising this contract; provided further that any update to such linked documents shall only apply to purchases or leases of the associated Vendor product or service offering after the effective date of the update;and,provided further, that,if Vendor has responded to a solicitation or request for pricing, no update of such linked documents on or after the Initial date of Vendor's initial response shall apply to that purchase unless Vendor directly informs Customerof the update before the purchase is consummated. 3. In the event that different or additional terms or conditions would otherwise result from accessing a linked document,agreement to said linked document shalt not be effective until reviewed and approved in writing by Customer's authorized signatory. 4. Vendor shall not [without prior written agreement from Customer's authorized signatory,]require any document that: 1)diminishes the rights,benefits,or protections of the Customer,orthat alters the definitions,measurements,or method for determining any authorized rights,benefits,or protections of the Customer;or 2)imposes additional costs, burdens, or Obligations upon Customer, or that alters the definitions, measurements,or method for determining any authorized costs,burdens,or obligations upon Customer. S. If Vendor attempts to do any of the foregoing,the prohibited documents will be void and inapplicable to the contract between DIR and Vendor or Vendor and Customer, and Vendor will nonetheless be obligated to perform the contract without regard to the prohibited documents,unless Customer elects instead to terminate the contract,which in such case may be identif led as a termination for cause against Vendor. 6. The foregoing requirements apply to all contracts,including,but not limited to,contracts between Customer and a reseller who attempts to pass through documents and obligations from Its Manufacturer of Publisher. S. Authorized Exceptions to Appendix A,Standard Terms and Conditions for Product and Related Services Contracts. A. Section 7 Contract Fulfillment and Promotion E. Internet Access to Contract and Pricing Information 1.Vendor Webpage is hearby replaced in its entirety as follows: Within thirty(30)calendar days of the effective date of the Contract,Vendor will establish and maintain a webpage specific to the products and services awarded under the Contract that are clearly distinguishable from other, non-DIR Contract offerings on the Vendor's website. Vendor must use a web hosting service that provides a dedicated internet protocol (M) address. Vendor's website must have a Secure Sockets Layer (SSL) certificate and customers must access Vendor's website using Hyper Text Transfer Protocol Secure(HTTPS) and it will encrypt all communication between customer browser and website. The webpage must include: a) the products and services awarded;with a link for customers to contact the contract holder for access to a secure website for Law Enforcement Sensitive products. Only ❑epadmentof InformotiQn Resources Page 4 of 6 (DIR rev 06/2020) Cooperative Purchase Page 11 of 15 DIR Contract No. DIR-[PO-4702 Law Enforcement or customers with proper credentials and vetting by contract holders will be allowed access. b) description of product and service awarded c) a current price list or mechanism (for example, a services calculator or product builder)to obtain specific contracted pricing; d) discount percentage(%)off MSRP; e) M5RP or DIR Customer price; f) designated Order Fulfillers and Resellers; g) contact information (name,telephone number and email address) for Vendor and designated Carder Fulfillers and Resellers; h) instructions for obtaining quotes and placing Purchase Orders; i) warranty policies; j) return policies; k) links to manufacturer Voluntary Product Accessibility Template(VPAT)for applicable products awarded; 1) the DIR Contract number with a hyperlinkto the Contract's DIR webpage; m) a link to the DIR"Cooperative Contracts"webpage;and n) the DIR logo in accordance with the requirements of this Section. If Vendor does not meet the webpage requirements listed above, DIR may cancel the contract without penalty. (Remainder of page intentionally left blank.) Department of Information Resources Page 5 of 5 (DIR rev 06/2020) Cooperative Purchase Page 12 of 15 DIR Contract No. DIR-CPO-4702 This Contract is executed to be effective as of the date of last signature. Sandoval Custom Creations,Inc Authorized By: Signature on File Name: Shaun Sandoval Title: Chief Executive Officer Date: 1/22/2021 The State of Texas,acting by and through the Department of Information Resources Authorized By. Signature on File Name: Hershel Becker Title: Chief Procurement Officer Date: 1/28/2021 Office of General Counsel: Signature on File ❑eparfinentOf lnfnrmatlQn Resources Page 5 of 5 (SIR rev 0612020) Cooperative Purchase Page 13 of 15 Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg., Regular Session. OFFICEUSEONU This questionnaire is being filed in accordance with Chapter 176.Local Government Code.by a vendor who Data Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the Iocal governmental entity not later than the 7th business day after the data the vendor becomes aware of Facts that require the statement to be fled. See Section 176.006(a-1).Local Government Coda. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. .1J Name of vendor who has a business relationship with local governmental entity. El 2 Check this box if you are riling an update to a previously filed questionnaire,(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer IJ Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section f 76.003(a)(2)(A), Also describe any family relationship with the local government officer. Complete subparts Aand B for each employment or business relatio nshi p do scribed. Attach additional pages to this Form Cif]as necessary. A. is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income,from the vendor? Ll Yes " No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Dyes E] No 5 Describe each employment or business relationship that the vendor named in Section f maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 6 ❑ Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 175.003(a)(2)(8), excluding gifts described In Section 176.003(a-1). 7 Signature of vendor doing business with Hie governmental entity Data Form provided by Texas Ethics Commission www.athics.state.tx.us Revised 11!3012015 Cooperative Purchase Page 14 of 15 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be tound at http:flwww.statutes.Iegis.state.tx.usl Qocs/LG/htmlLG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001{1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,cr local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Cade 4176.003(a)[2)fA)and(6): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the Mate that the officer becomes aware that (i) acontract between the Iocal govem men tal entity and vendor has been executed; or (€i) the local governmental entity is considering entering into a contract with the vendor, (B) has given to the local 9ovemment officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (n) the local governmental entity is considering entering into a contract with the vendor. Local Government Cade§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local govemmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A)i (2) has given a local government officer of that local governmental entity,Ora family member of the officer,one or more gifts with the aggregate value specified by Section 176.043(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity, (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer.or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.stat9.tx.trs Revised 1113CU2015 Cooperative Purchase Page 15 of 15